Court denies governmental immunity claim in Wilton sexual abuse case

By Stephanie Kim

Updated 3:39 pm, Monday, November 13, 2017

WILTON — The Town of Wilton and the Board of Education were denied governmental immunity in a sexual abuse lawsuit involving a four-year-old girl who was allegedly assaulted by a former preschool paraprofessional at Miller-Driscoll School, according to recent court documents.

In a memo sent to attorneys on Nov. 9, Connecticut Superior Court Judge Charles T. Lee denied the town and board’s request to dismiss the plaintiffs’ claims of negligence and legal responsibility for allowing the abuse to Girl Doe and the infliction of emotional distress to her parents for failing to properly advise them of the school’s investigation of the abuse.

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Lee said the court cannot rule the town and board are shielded by governmental immunity and cannot be held liable if the plaintiffs prove the elements of a negligence cause of action, saying it is up to the jury to decide whether the defendants’ actions are discretionary or ministerial. Jury selection and trial are scheduled for March 3.

In the plaintiffs’ complaint, the parents of Girl Doe allege their daughter was escorted into Miller-Driscoll by then-paraprofessional Eric Von Kohorn on Dec. 21, 2012, and was taken into the bathroom alone without the mother’s knowledge shortly thereafter. Although at least one staff member was aware and school policy prohibited him from doing so, Von Kohorn was not stopped, the complaint alleges.

The parents allege the father attempted to contact the school or the board that same afternoon but did not speak to someone until Jan. 3, when he spoke to then preschool director Fred Rapczyniski. Although Rapczyniski was mandatory reporter, he did not make a report to the Department of Children and Families until Jan. 7, saying Girl Doe’s claims were unsubstantiated based on his interview with Von Kohorn and his investigation. However, the next day, Rapczyniski submitted another written report that indicated Von Kohorn had subsequently admitted he had taken Girl Doe into the bathroom alone but remained outside and had also told another school staff member he was taking Girl Doe into the bathroom.

The parents allege Rapcyznski negligently failed to inform them about the second report and about Von Kohorn’s admission, which subjected Girl Doe to additional harm by being placed in a classroom with Von Kohorn during the following school year. The parents further allege they suffered emotional distress upon learning about the truth of Von Kohorn’s statements and said the board is responsible for Rapcynski’s action as well as the other staff members who negligently failed to prevent Von Kohorn from taking Girl Doe into the bathroom alone. They also allege the town is responsible for the acts of its employees and/or agents, including school staff, administrators, and members of the board.